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LATEST NEWS UPDATES | Affordable Drugs Need a Compensatory Patent Commons -Shamnad Basheer

Affordable Drugs Need a Compensatory Patent Commons -Shamnad Basheer

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published Published on Dec 17, 2015   modified Modified on Dec 17, 2015
-TheWire.in

In a case that will once again prove that India is not out to arbitrarily purge all pharmaceutical patents, the Delhi high court has ruled in favour of Roche, a Swiss multinational. Many years ago, Roche dragged Cipla to court arguing that Cipla’s product infringed its patented anticancer drug, Erlotinib (brand name ‘Tarceva’). After a protracted legal battle fought over seven hard years, Roche finally won.

But so did Cipla. Indeed, the ingenuity of our judges is such that we’ve craftily converted our patent system from a harsh zero sum game to a win-win for both. Cipla’s gamble appears to have paid off. Here’s how.

In late 2008, in what will perhaps rate as one of the most adventurous patent joyrides ever, Cipla brazenly launched Erlocip, a generic version of Roche’s patented Tarceva. Roche lost no time in initiating legal action before the Delhi High Court. Cipla mounted a spirited defence, challenging the validity of Roche’s patent and taking shelter under the “public interest” defence, arguing that its generic version (sold at approx. Rs 50,000 a month) was far cheaper than the patented version (at Rs 1.5 lakhs) and therefore more accessible to patients in India.

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The Economic Times, 17 December, 2015, http://thewire.in/2015/12/17/affordable-drugs-need-a-compensatory-patent-commons-17509/


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